U.S. v. Bryson

• Decision Date: 16 December 1992
• Docket Number: No. 91-6254,91-6254
• Citation: 981 F.2d 720
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. William M. BRYSON, Jr., Defendant-Appellant.
• Court: U.S. Court of Appeals — Fourth Circuit

Page 720

981 F.2d 720

UNITED STATES of America, Plaintiff-Appellee, v. William M. BRYSON, Jr., Defendant-Appellant.

No. 91-6254.

United States Court of Appeals, Fourth Circuit.

Argued Oct. 1, 1992.

Decided Dec. 16, 1992.

Thomas P. Hogan, Jr., Daniel Roy Ortiz, Post-Conviction Assistance Project, University of Virginia School of Law, Charlottesville, VA, argued for defendant-appellant.

William Corley Lucius, Asst. U.S. Atty., Greenville, SC, argued (John S. Simmons, U.S. Atty., on brief), for plaintiff-appellee.

Before RUSSELL, WILKINS, and HAMILTON, Circuit Judges.

OPINION

HAMILTON, Circuit Judge:

The issue presented in this case is whether a United States Magistrate Judge, who has accepted a defendant's guilty plea and imposed sentence in a misdemeanor case with the defendant's consent, can later entertain a 28 U.S.C. § 2255 motion by the defendant to vacate, set aside, or correct the sentence, and enter an order dismissing the motion without further consent of the defendant. Because we conclude a United States Magistrate Judge is without such authority, we must vacate the magistrate judge's order dismissing appellant's § 2255 motion.

I

On May 22, 1985, a federal grand jury sitting in the District of South Carolina returned a three-count indictment charging appellant, William Bryson Jr., with two counts of threatening the President of the United States in violation of 18 U.S.C. § 871 (counts one and two), and one count of endeavoring to obstruct or impede Internal Revenue Service officers in violation of 26 U.S.C. § 7212(a) (count three).

On July 11, 1985, Bryson, appearing with counsel, was arraigned before a magistrate judge and entered a plea of not guilty. Thereafter, Bryson entered into a plea agreement. The terms of the agreement were straightforward. In exchange for Bryson's plea of guilty to endeavoring to obstruct or impede Internal Revenue Service officers, a misdemeanor, the government agreed to dismiss counts one and two of the indictment.

At the guilty plea hearing on September 5, 1985, Bryson, appearing with counsel, was informed of his right to have the matter heard by a district judge and consented to proceed before a magistrate judge. The following exchange took place:

THE COURT: Mr. Bryson, you understand that you have a right to a trial in front of a district court judge rather than a United States Magistrate and you'd have a right to let that district court judge either hear the case before a jury or the [sic] judge hear the case and let that district court judge enter judgment rather than myself. You understand that right?

MR. BRYSON: Yes, sir.

THE COURT: Do you want to proceed in front of me or would you rather have it transferred in front of a district court judge?

MR. BRYSON: Sir, I'd like to proceed in front of you.

Joint Appendix (J.A.) at 36. ¹ Bryson was given a one-year suspended sentence and five years' probation with conditions. ²

On August 27, 1990, Bryson filed a pro se motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. In his motion, Bryson raised approximately fourteen grounds for relief, including claims that: his guilty plea was involuntary, he received ineffective assistance of counsel, his conviction violated the Double Jeopardy Clause and his due process rights, the government failed to comply with Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), and he was innocent of any charges against him.

On September 18, 1991, the government filed an answer and moved to dismiss, asserting that the motion failed to state a claim and, in the alternative, was moot because Bryson's probationary period had expired on September 5, 1990. Treating the government's motion as one for summary judgment, the magistrate judge granted the government's motion on December 3, 1991. The magistrate judge reasoned that Bryson's claims were moot. ³ In his order, the magistrate judge also instructed Bryson that he could note an appeal to this court within thirty days of the date of the order. Bryson noted a timely appeal.

II

The issue presented here put simply is: whether the magistrate judge had jurisdiction to entertain Bryson's § 2255 motion. The government proffers two alternative theories which it claims authorized the magistrate judge's jurisdiction over the § 2255 motion. We find neither persuasive and shall address each in turn.

A

The government's first argument is that because 18 U.S.C. § 3401 permits a magistrate judge to conduct trials and impose sentences in misdemeanor cases, it follows that a magistrate judge also has the authority under that section to rule on a subsequent § 2255 motion. We disagree.

To begin our discussion, we must first generally define the outer limits of a magistrate judge's authority. Those limits are governed by 28 U.S.C. §§ 631-39. Section 636 provides in pertinent part:

(a) Each United States magistrate serving under this chapter shall have within the territorial jurisdiction prescribed by his appointment--

(3) the power to conduct trials under section 3401, title 18, United States Code, in conformity with and subject to the limitations of that section; and

(4) the power to enter a sentence for a misdemeanor or infraction with the consent of the parties.

(b)(1) Notwithstanding any provision of law to the contrary--

(A) a judge may designate a magistrate to hear and determine any pretrial matter pending before the court, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case.... A judge of the court may reconsider any pretrial matter under this subparagraph (A) where it has been shown that the magistrate's order is clearly erroneous or contrary to law.

(B) a judge may also designate a magistrate to conduct hearings, including evidentiary hearings, and to submit to a judge of the court proposed findings of fact and recommendations for the disposition, by a judge of the court, of any motion excepted in subparagraph (A), of applications for posttrial relief made by individuals convicted of criminal offenses and of prisoner petitions challenging conditions of confinement....

(3) A magistrate may be assigned such additional duties as are not inconsistent with the Constitution and laws of the United States.

(c) Notwithstanding any provision of law to the contrary--

(1) Upon consent of the parties, a ... magistrate ... may conduct any and all proceedings in a jury or nonjury civil matter and order the entry of judgment in the case, when specially designated to exercise such jurisdiction by the district court or court he serves.

Thus, under § 636, a magistrate judge has the authority to conduct trials of misdemeanants and impose sentence in those cases in conformity with and subject to the limitations of 18 U.S.C. § 3401. 28 U.S.C. § 636(a)(3) & (4). Section 3401 provides in pertinent part:

(a) When specially designated to exercise such jurisdiction by the district court or courts he serves, any United States magistrate shall have jurisdiction to try persons accused of, and sentence persons convicted of, misdemeanors committed within that judicial district.

(b) Any person charged with a misdemeanor may elect, however, to be tried before a judge of the district court for the district in which the offense was committed. The magistrate shall carefully explain to the defendant that he has the right to trial, judgment, and sentencing by a judge of the district court and that he may have a right to trial by jury before a district judge or magistrate. The magistrate shall not proceed to try the case unless the defendant, after such explanation, files a written consent to be tried before the magistrate that specifically waives trial, judgment, and sentencing by a judge of the district court.

Section 3401(a) gives a magistrate judge, when designated by the district court, jurisdiction to try and sentence persons convicted of misdemeanors committed in the judicial district. Section 3401(b) requires that the magistrate judge explain to the misdemeanant his right to have his case handled by a district judge and requires that the defendant consent in writing to be tried before the magistrate judge by specifically waiving "trial, judgment, and sentencing by a judge of the district court."

Unquestionably, the magistrate judge had the authority to accept Bryson's plea of guilty and impose sentence. First, the dictates of § 3401(a) have been complied with. Second, the District of South Carolina has specially designated magistrate judges to "[t]ry persons accused of, and sentence persons convicted of, misdemeanors...." D.S.C. Local Rule 19.00. Finally, the commands of § 3401(b) are met because Bryson unequivocally consented to having his "trial, judgment, and sentencing" before a magistrate judge.

The issue now presented is whether the magistrate judge's jurisdiction over the misdemeanor case included the jurisdiction over the § 2255 motion. We believe it did not. The statutory scheme of § 636 contemplates two distinct ways of granting a magistrate judge jurisdiction over a § 2255 motion. Neither were followed in this case.

Section 636(b)(1)(B) provides "a judge may ... designate a magistrate to conduct hearings, including evidentiary hearings, and to submit to a judge of the court proposed findings of fact and recommendations for the disposition, by a judge of the court ... of applications for posttrial relief made by individuals convicted of criminal offenses...." This subsection contemplates that magistrate judges may hear matters in post-trial relief proceedings, but may not decide them. The procedural requirements of § 636(b) amply reflect this distinction. Those requirements include that the parties have ten days to file written objections and are entitled to de novo review by a district judge of those portions of the report and recommendation to which...